Herrera v. Town of Atrisco

MOISE, Justice.

This is a declaratory judgment proceeding in which the plaintiff seeks to have his rights under a “Mining Lease” determined.

On September 9, 1957, the Board of Trustees of defendant entered into a “Mining Lease” with plaintiff by the terms of which plaintiff was granted a lease of the “mineral rights of any and every nature whatsoever” on the Town of Atrisco Grant containing 50,000 acres, more or less, excepting the lands theretofore deeded by the corporation.

The lease term was 5 years from July 6, 1957, with an option in plaintiff to continue the lease for a second term of 5…